Representative image of passport.
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The Overseas Mobility (Facilitation and Welfare) Bill, 2025, provides a citizen-centric governance approach to the age-old issue of migration and mobility. It marks a significant step towards reconciling the twin objectives of ensuring safe, regular and orderly migration while safeguarding the legal interests and welfare of migrant workers and professionals abroad.
India’s diaspora of almost 36 million people is the largest globally. While 19 million have adopted foreign nationality, and 17 million are Non-Resident Indians (NRIs). In the 21st century, India emerged as the largest source country for migration. They include professionals, workers and students who inhabit almost all countries. Indians constitute just 6 per cent of the global migrant community, but the country’s youthful demography could contribute more migrants through the 21st century. India's emigration laws needed a reset to align migration with domestic priorities and the changing global migration environment.
India's emigration laws were enacted by the British between 1837 and 1922 to serve their interests and provide a legal basis for indentured labour. By 1917, they had shipped close to two million Indians, mostly mustered by agents, to work in plantations and mines in British colonies. Most could not return home and became the Indian diaspora overseas. Colonial laws continued even after independence. The Emigration Act, 1983, sought to correct the exploitation of vulnerable workers and had some success.
21st-century mobility trends
The 21st century brought new trends in migration and mobility. Traditional destinations in the Gulf sought low-skilled workers and few professionals, leaving many in the stranglehold of unscrupulous agents and employers. Workers returned home after their contracts expired. The bilateral Labour Agreements negotiated with the Gulf countries improved the situation, but Indian embassies in the region remained vigilant and maintained shelter homes for distressed workers. Meanwhile, new pathways were opening in Europe, the Americas and the Far East that sought qualified professionals and skilled workers, provided better working conditions and higher remuneration. This facilitated mobility for professionals, skilled workers and students; many made successful transitions in the destination country or engaged in circular migration. It also attracted illegal migrants, often controlled by human traffickers, leading to a community whose integration was not planned and demands for their return home. India engaged in mobility dialogues with several developed countries.
Need for new legislation
The duality in the new emigration patterns revealed weakness in the legal framework from a governance perspective. The 1983 Act needed to switch from regulatory control to a facilitative environment for migrants. The draft Emigration Bill, 2019, addressed certain gaps, but was not pursued as the Covid-19 pandemic disrupted migration patterns. In the interim, migration governance objectives shifted towards an environment to facilitate mobility, secure better working conditions and provide welfare measures. Skill mapping exercises had established the link between higher skills and remuneration, while mobility partnerships had opened new pathways for employment and higher remittance capacity. Protectionism in developed countries came alongside new understandings of the Global Compact for Migration (GCM). These developments required integration into a revised legal framework.
Sanjay Bhattacharyya.
New mindset on governance
The draft Overseas Mobility Bill has generic provisions that reflect an evolving mindset on governance. Its rules and regulations, yet to be announced, and integration of stakeholders will determine how far its implementation can shift it away from the old regime.
First, the draft Bill adopts a comprehensive and future-oriented approach by subsuming multiple forms of overseas mobility, workers and professionals, within a unified legal architecture. The expansion of coverage to include professionals and a new focus on mobility reflect a dynamic and realistic approach to the evolving migration scenario.
Second, the institutional infrastructure envisages the establishment of a new Overseas Mobility and Welfare Council and re-designation of officials and their offices in India and abroad to facilitate coordination, policy coherence and welfare delivery. The inclusion of Ministries of Skill Development and Labour can coordinate the skilling of migrant workers and internal migration. Welfare delivery can mainstream the Indian Community Welfare Fund (ICWF) for efficiency and effectiveness. Though certain provisions mirror existing structures, the draft Bill reflects a change in mindset towards a citizen-centric approach. A similar change was reflected in the Passport Seva project, which serves as a successful model for digital governance.
Third, emphasis on integrated information systems will provide data for evidence-based policymaking. This was a lacuna in the earlier system. It is hoped that a robust mechanism will be developed for data capture on a compulsory basis to ensure data adequacy. Such data is useful for governments to negotiate mobility partnerships, provide voting facilities to NRIs overseas or prepare for evacuation in crises.
Fourth, the inclusion of international cooperation covers another gap in earlier legislation. The globalised world underscores the need for a governance model premised on safe, regular and orderly mobility through cooperation between source and destination countries. It can open new pathways for empowered citizens, evaluate the contributions of migrants to development in destination countries, deal with risks of human trafficking, and discuss the issue of the return of illegal migrants. The draft includes global best practices and the progress made by India in negotiating bilateral agreements for mobility, as well as international understandings under GCM.
The draft Bill refers to Overseas Placement Agencies and Foreign Employers as important stakeholders. It lists provisions for accreditation and penalties to add teeth to the legal provisions, but the picture will be clearer once the rules are framed. Similarly, the current practice of ECR passports that require permission to travel abroad will also require clarification in the rules. Closer coordination with State governments will help implementation efforts.
The success of a new migration law will depend on how an enabling environment is created that facilitates and incentivises stakeholders towards safe, regular and orderly migration, while disincentivising illegal migration. Skilling young Indians in the future of jobs overseas, negotiating better working conditions for workers, and opening new pathways for migration will be crucial. The law should empower young Indian migrants to strengthen their leverage and promote their image in destination countries. Coordination between stakeholders and periodic review of the law is necessary. Finally, the effectiveness of migration governance will depend on its alignment with national development priorities.
(The writer is a former Secretary in the Ministry of External Affairs and currently Professor at Jindal Global University)